NYCHA Didn't Set Tenant's Rent After HUD Rent Ended

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that NYCHA set tenant's rent at $1,550 under the Section 8 program effective June 1, 2007, by a letter dated May 14, 2007. Tenant appealed. Tenant wasn't receiving any Section 8 voucher on June 1, 2007. The DHCR ruled for tenant and reopened the case. NYCHA's May 14 letter wasn't an order setting the rent for tenant's rent-stabilized apartment. It was merely a letter approving conversion of the building from HUD project-based Section 8 to the NYCHA Housing Choice Voucher program, which was a tenant-based Section 8 program. In any event, tenant's legal rent could not be increased by more than the applicable renewal lease guideline when the building left the HUD program. The case was sent back to the DRA to review the rent history and determine whether there was any overcharge.

427 St. Johns Place: DHCR Adm. Rev. Docket No. WG210043RT (4/8/09) [4-pg. doc.]